The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1887-11-02
HIREL1NG ZEAL AND L1GHT-HEADEp
SYMPATHY.
Shall They Exclude from our Juries
| all but the Ignorant and the Brib-
TREASURY DEPARTMENT,

FIRST COMPTROLLER OFFICE,
DIVISION OF JUDICIAL ACCOUSTS.
WASIIIN INGTON, II. c., Oct. ., 1887.
Hugh Wilson, Esp: Editor Press ana Banner
.IbbcuHtc, S. g.
DEAR SIR 1T my was pleasure to attend
the opcnimg OF the Law SrhOO! of the George
town University on the 9th instant The IN
lroductory lecture to the years work was de-
livcrcd by Judge Charles p. james of the
Supreme Court of this District. The Judge
in his lecture, desired to give the young men
some idea OF the pursuit upon which they
were entering, its magnitude, &c, &C.; ana tt
do SO. he sketched briefly the various depart
ments and branches OF the law-thus outlining
the whole field that lay before them. some
OF the remarks which the Judge made upon
the subject of criminal lay and its admins
tration reminded me very forcibly OF the dis
cusSions which are now going on in the Press
and Banner and other papers In the STATE on
the subject of jury trials and the frequent
miscarrlages of justice in the prosecution ol
of criminals; and, considering the hlgh
source from which they came, thought they
might have a degree OF Interest for our peo
pie as they certainly had for me. / have
therefore procured copy OF them when !
enclose TO you herewith.
When judges on ihc bench, MS well ms those
eminent al the bar, and the Journals ol inc
land that do SO much to shape and control
earnest, you may be sure that the day OF re,
lief FROM some Of the evils Of the present
trial by jury is near ut hand.
Very truly yours.
J. ALTHEOUS JOHNSON.
"Thc Jurisprudence OF this subject (crimes
Is commonly supposed to be simple; hut nc
one Gun pursue 1t long without gathering
from the conflict of decisions, from the mere
cunning OF some of them and the refinements
of others, q conviction that 1t might well DC
simpler and more reasonable. Even our IN
dictments have proved 10 be Snares for the
feet of Justice, and we retain their curioSl-
ties when the very people from whom we
borrowed them have had the good sense tC
dSuse them. And Notwithstanding the wise
guidance of the Supreme Court OF the United
States in Reynolds VS.. The United States, 9-
U. S. l45. on the question of II jurors quallf.
cation of impartlality, an absurd test com
monty prevails which practically condemns
juror as partial because he shares the com
mon intelligence OF the community In which
he lives and does its best 10 exclude from the
panel all but the ignorant or the bribed. II
jury is n trustworthy tribunal this Is only a
departure from the true theory OF the lnstltu.
ton. BY rational system OF criminal pro-
cedurc IL can be made, and should be made,
difficult, If not impossible, for scoundrels TO
escape, without in the least degree importing
the chances OF the innocent. The difhcuities
in the way of q reform which shall combine
fairness and humanity with straight for
ward and memorable search for the truth are
serious, know. Some of the very men who
glorify the AnglOISaXon jury, as the most
sacred and perfect protection of society, do
their best to make it worthless, first by de-
grading it's selection, and then by appealing
to its vulgarest and meanest passions and
cheating It's lntelllGenCe wnen IL mas Uccl
chosen. And, when even such jury has pro-
uounccd u verdict OF guilt, hireling zeal or
light-hcaded sympathy is too often ready 10
ussailant. Precious indeed must the instltu-
ton be deemed whose work is treated only as
a blunder to be undone by drunken new
trial in liquor saloon or by worse than a
drunken new trial in ward caucus. Let me
suggest that young men who may be prepar-
Ing themselves for service in this department
of the law will do well to consider their duty
to the whole body OF society while they are
performing the duty, most honorable duty,
Of protecting the rights Of the single member
whom it has arraigned, and TO remember that
the Oft quoted extravaganza OF Henry Broug.
ham, wien he declared that it was n lawyers
duty to shield his client even IL in so doing,
he should involve his country in ruin, was
uttered in q transp, TT of defiance against
power that had been brutal and corrupt ana
mcnacng. Such theories have no place In a
trial for murder or theft, which the defender
knows to be conducted without tyranny and
only for the purpose Of ascertaining tile guilt
or Innocence Of his client. In such case,
while he is bound to be industrious and firm
and eXacting of every right, he Is bound also
to be good citizen and an honorable gentle
man. or course do not mean TO suggest any
embarrassing limitations, nor any cunsidera.
ton of mere refinement or delicacy, nor IN
deed an ything inconsistent with perfect free
dom of true defence, What do mean is that
there is an nefIaceablc line between right
and wrong in the defence OF an accused per.
son. lust as well as in any other transaction OF
life and that any man who Is properly dis.
posed can find that line